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DONOVAN et ux. v. PHILA. PARK. AUTH

Superior Court of Pennsylvania.
Sep 12, 1961
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Negligence — Possessor of premises — Door — Evidence.

In a trespass action, in which it appeared that wife plaintiff, a business invitee on defendant's premises, who was injured when she opened a door, testified that the door was quite heavy and was sort of stuck, that she placed her hand on the handle but the door did not open, that she applied a little more pressure, and as the door swung back, it cut over two toes, that the door was sharp, and that when she was treated by a doctor three or four slivers of metal were removed by the doctor; and that the court below, holding that the evidence showed no breach of a duty owed by defendant, entered a compulsory nonsuit; it was Held that the order of the court below should be affirmed.

Argued June 15, 1961.

OPINION PER CURIAM, September 12, 1961:

The order of the Municipal Court of Philadelphia County is affirmed on the opinion of Judge FELIX PIEKARSKI for the court below, reported at 24 Pa. D. C. 2d 686.